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NeCede's

Maxim 5.4.2

The donor never ceases to possess until the donee begins to possess.

Nunquam donator desinit possidere, antequam donatarius incipiat possidere.

Source: Bract. fol. 41b; Dyer, 281; Weisman, 48u Difficulty 2/5 — Approachable

Explanation

There is no gap in ownership — the donor holds until the moment the recipient takes, and at that instant ownership transfers.

Where this applies

  • My uncle says the gift isn't complete yet because the recipient hasn't picked it up.
  • When exactly does ownership transfer when someone gives a gift?

Topics

Gift & Grant

Legal domains

property

See also

Cite this maxim

NeCede Max. 5.4.2 — The donor never ceases to possess until the donee begins to possess. — Bract. fol. 41b; Dyer, 281; Weisman, 48u (Nunquam donator desinit possidere, antequam donatarius incipiat possidere.)

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